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HomeMy WebLinkAbout08280ORDINANCE NO. 8280 AN ORDINANCE AMENDING CHAPTER 2, TITLE X OF THE PUEBLO MUNICIPAL CODE PERTAINING TO THE MAINTENANCE OF TREES AND OTHER PLANTS AND PROVIDING REMEDIES AND PENALTIES FOR THE ENFORCEMENT THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1. Section 10-2-1 of Chapter 2, Title X, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 10-2-1. Definitions. For the purpose of this Chapter, the following definitions shall be observed: (1) Public place shall mean and include any street, alley, sidewalk, The term shall include parking area, parkway or other public place in the City. all real property, easements, right of ways, and licenses owned, leased, or controlled by the City, the State of Colorado, the federal government, any political subdivision of any of the foregoing, or any enterprise wholly owned by any of the foregoing. (2) Plant shall mean and include any tree, shrub, vine, hedge or other ornamental vegetation. (3) Owner shall mean any person in whom the record fee title is vested, although subject to lien or encumbrance. The holder of a bona fide contract of purchase shall be considered the owner for the purposes hereof. (4) Agent shall mean any person, other than the owner, in charge of or having the control and supervision of the premises. An occupant or tenant of the premises, except hotels, apartment houses, office buildings and other multi-unit dwelling and business buildings shall, for all purposes of this Chapter, be considered an agent. (5) In all cases where this Chapter shall require any act to be done within a reasonable time, such reasonable time shall be deemed to mean such time only as shall be necessary for the prompt performance of such duty, or compliance with such notice or directive. SECTION 2. Section 10-2-4 of Chapter 2, Title X, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 10-2-4. Duties of owners of abutting property. It shall be the duty of the owner or agent of any property abutting on any public place to: for insects and diseases, (1) Treat, trim, spray and otherwise care for [] projects any plant which may project beyond the property line of such owner [] anypublic place or agent onto or over public property, or which may obstruct [.] or create a hazard to persons, animals, trees, the light from any street lamp plants, buildings, or personal property located at any public place. for insects and diseases, (2) Treat, trim, spray and otherwise care for [] any street, alley, sidewalk, any plant upon that portion of any public place parking area, or parkway upon which such property abuts. (3) Remove any dead plants or dead, overhanging boughs which are dangerous to life, limb or property, located on the premises of such owner or [] agent or upon public property abutting the premises of such owner or agent. which project beyond the property line of such owner or agent onto or over any public place or create a hazard to persons, animals, trees, plants, buildings, or personal property located at any public place. (4) Eradicate, remove and destroy any plant located on the premises of such owner or agent which shall be infested with any disease detrimental to the growth, health and life of such tree or other trees or plants. SECTION 3. Section 10-2-5 of Chapter 2, Title X, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 10-2-5. Failure to comply; notice. (a) If any owner or agent shall refuse or neglect to comply with any or [] a City Code Enforcement all of the provisions of this Chapter, the Director Officer shall thereupon serve or cause to be served upon such owner or agent a [] Notice and Order written notice in compliance with Section 1-1-11 of this Code directing such owner or agent to correct or remedy such condition. The owner or agent shall be given at least ten (10) days from the date of service of such notice to comply therewith. by the owner or agent (b) Any complaints or objections that may be [] made in writing within ten (10) days from the date of service of any notice Notice and Order issued under the provisions of this Chapter shall be heard and [] Director of Parks and Recreation determined by the City Council before final action thereon. SECTION 4. Section 10-2-6 of Chapter 2, Title X, Pueblo Municipal Code, as amended, is hereby amended to read as follows: [] Sec. 10-2-6. Director causing work to be done.Enforcement of Notice and Order. timely If no objection is made, or in the event objection is made and upon [ Director of Parks and Recreation hearing duly had, the City Council upholds the directive of the Director,the Directorshall be empowered to do or cause to be done the necessary work incident to correcting the condition of which ] upholds the City's Notice and Order, a complaint is made in the directive. City Code Enforcement Officer may: (1) issue a summons and complaint to the owner or agent; (2) enter the private property and treat, trim, spray for insects and diseases, remove and otherwise care for the plant. The cost of such treatment, trimming, spraying, removal, and other care, together with twenty-five percent (25%) thereof, or one hundred dollars ($100.00), whichever is greater, for administrative and incidental costs, plus interest at the rate of ten percent (10%) per annum, shall be charged against the owner or agent of such land, and upon recording in the County Clerk and Recorder's office of a statement under oath of the City Manager showing the cost thereof and describing the land, such charge shall be and constitute a perpetual lien on the land having priority over all other liens, except general tax liens, and such lien shall remain in full force and effect until such charges and interest have been paid in full. In addition to the lien created hereunder, such charges are a charge against the owner or agent of such land and, as such, the City may pursue all civil collection remedies and recover the amount of such charges together with all collection expenses, including reasonable attorney fees, from the owner of such land. All remedies provided in this Chapter are cumulative; and (3) take any other action authorized by this Code. SECTION 5. Chapter 2, Title X, Pueblo Municipal Code, as amended, is hereby amended by the addition of a new Section 10-2-15 to read as follows: Sec. 10-2-15 Penalty. Any person who violates any provision of this Chapter shall be guilty of a Class 2 municipal offense, provided however that a second or subsequent conviction within a three year period shall constitute a Class 1 municipal offense. Both such offenses shall be punished as provided in Section 11-1-103. SECTION 6. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 25, 2010 BY: Leroy Garcia COUNCILPERSON PASSED AND APPROVED: November 8, 2010 Background Paper for Proposed ORDINANCE DATE: October 25, 2010AGENDA ITEM # R-3 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE: AN ORDINANCE AMENDING CHAPTER 2, TITLE X OF THE PUEBLO MUNICIPAL CODE PERTAINING TO THE MAINTENANCE OF TREES AND OTHER PLANTS AND PROVIDING REMEDIES AND PENALTIES FOR THE ENFORCEMENT THEREOF ISSUE: Should the City Council amend the ordinances pertaining to trees and plants adjacent to public property to require that such property owners and tenants trim, spray and remove trees and plants that project on to or over public property or which create a hazard to persons and property on public property? RECOMMENDATION: City Council should adopt the proposed Ordinance. BACKGROUND: The proposed Ordinance requires the owners and tenants of property adjacent to public property to trim, spray, and maintain trees that project on to or over public property or which create a hazard for persons and property located on public property. The proposed Ordinance further provides that the City may notify owners of the need to trim, spray or maintain such trees and plants. If the owner or tenant fails or neglects to perform such maintenance, the City may enter the property, perform the maintenance, and place a lien on the property for the cost of maintenance, plus 25% administrative costs and interest. FINANCIAL IMPACT: Unknown.